Bill Text: IA HF366 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act requiring certain new school buses to be equipped with safety belts or safety harnesses, requiring the use of the safety belts or safety harnesses, and making penalties applicable.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-02-18 - Subcommittee: Mommsen, James and Meyer, A. H.J. 306. [HF366 Detail]

Download: Iowa-2019-HF366-Introduced.html
House File 366 - Introduced HOUSE FILE 366 BY MASCHER A BILL FOR An Act requiring certain new school buses to be equipped with 1 safety belts or safety harnesses, requiring the use of the 2 safety belts or safety harnesses, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2408YH (2) 88 ns/rh
H.F. 366 Section 1. Section 321.373, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 7A. A new school bus ordered for purchase 3 on or after July 1, 2019, that was manufactured on or after 4 July 1, 2019, shall be equipped with safety belts or safety 5 harnesses that conform with 49 C.F.R. §571.209-571.210 for 6 every seating position. 7 Sec. 2. Section 321.445, subsection 2, paragraph b, 8 subparagraph (4), Code 2019, is amended to read as follows: 9 (4) Passengers on a bus other than a school bus equipped 10 with safety belts or safety harnesses pursuant to section 11 321.373, subsection 7A . 12 Sec. 3. Section 321.446, subsections 1 and 2, Code 2019, are 13 amended to read as follows: 14 1. a. A child under one year of age and weighing less 15 than twenty pounds who is being transported in a motor vehicle 16 subject to registration, except a school bus manufactured 17 before July 1, 2019, or a motorcycle, shall be secured during 18 transit in a rear-facing child restraint system that is used in 19 accordance with the manufacturer’s instructions. 20 b. A child under six years of age who does not meet the 21 description in paragraph “a” and who is being transported in 22 a motor vehicle subject to registration, except a school bus 23 manufactured before July 1, 2019, or a motorcycle, shall be 24 secured during transit by a child restraint system that is used 25 in accordance with the manufacturer’s instructions. 26 2. A child at least six years of age but under eighteen 27 years of age who is being transported in a motor vehicle 28 subject to registration, except a school bus manufactured 29 before July 1, 2019, or a motorcycle, shall be secured during 30 transit by a child restraint system that is used in accordance 31 with the manufacturer’s instructions or by a safety belt or 32 safety harness of a type approved under section 321.445 . 33 Sec. 4. Section 321.446, subsection 3, paragraph b, Code 34 2019, is amended to read as follows: 35 -1- LSB 2408YH (2) 88 ns/rh 1/ 3
H.F. 366 b. The transportation of children in 1965 model year or 1 older vehicles, authorized emergency vehicles, buses other than 2 school buses equipped with safety belts or safety harnesses 3 pursuant to section 321.373, subsection 7A , or motor homes 4 or motorsports recreational vehicles, except when a child is 5 transported in a motor home’s or motorsports recreational 6 vehicle’s passenger seat situated directly to the driver’s 7 right. 8 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection 9 3, shall not apply to this Act. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill requires new school buses ordered for purchase on 14 or after July 1, 2019, that were manufactured on or after July 15 1, 2019, to be equipped with safety belts or safety harnesses 16 for every seating position. The bill also requires the use 17 of safety belts or safety harnesses by the driver, front seat 18 passengers, and all passengers under 18 years of age on such 19 school buses. Current requirements for the use of child 20 restraint systems for children under 18 years of age also apply 21 to school buses equipped with safety belts or safety harnesses 22 under the bill. 23 Under current law, a violation of Code section 321.445 is 24 punishable by a scheduled fine of $50. A violation of Code 25 section 321.446 is punishable by a scheduled fine of $100. The 26 department of transportation is prohibited from considering 27 the violation in determining an offender’s driver’s license 28 suspension under Code section 321.210 or habitual offender 29 status under Code section 321.555. 30 The bill may include a state mandate as defined in Code 31 section 25B.3. The bill makes inapplicable Code section 25B.2, 32 subsection 3, which would relieve a political subdivision from 33 complying with a state mandate if funding for the cost of 34 the state mandate is not provided or specified. Therefore, 35 -2- LSB 2408YH (2) 88 ns/rh 2/ 3
H.F. 366 political subdivisions are required to comply with any state 1 mandate included in the bill. 2 -3- LSB 2408YH (2) 88 ns/rh 3/ 3
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